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SAN DIEGO (CNS) - Two major projects at hotel sites in Mission Valley are scheduled to go before the San Diego City Council for possible approval today.The council members will consider a series of actions that would clear the way for the Legacy International Center, a long-planned religious conference center on the 18-acre site of the former Mission Valley Resort.The facility proposed by televangelist Morris Cerullo would encompass five buildings, including a new 127-room hotel and restaurant. It would also have a replica of Jerusalem's wailing wall and a domed theater featuring biblical films.Before the council are the project's environmental impact report and development permit, along with amendments to zoning plans.Opposition to the project could come from members of San Diego's LGBT community, who, in a Facebook event post, cite an alleged lack of transparency during the planning process, conflicts of interest and potential violations of the state open meeting law, among other things.Separately, the council will consider a major renovation project for the oldest hotel in Mission Valley. Plans call for dividing nearly 40 acres of the 64-year-old Town & Country Resort and Convention Center into three sections -- one for the hotel, another for an 840-unit residential development and the third for a 3.3-acre public park along the San Diego River.As part of the million project, the hotel would be downsized from 954 to 700 guest rooms and conference facilities would be reduced from almost 213,000 square feet to just over 177,000 square feet, according to an environmental impact report.The report said 27 structures and a parking lot would be demolished and four six- and seven-story buildings constructed, along with associated parking structures.The park section would include not only park land but also the restoration and enhancement of 8 acres of river habitat and the creation of a 14-foot-wide pathway, the EIR said.The Town & Country started in 1953 as a motor inn when Mission Valley was mostly farm land. It grew along with the area and now consists of two towers, three restaurants, a trio of swimming pools and a spa. It is a popular destination for tourists, conferences and special events.The hotel is owned by a partnership between Destination Hotels, Lowe Enterprises and AECOM.Separately, the council members are scheduled to consider a series of approvals for the Legacy International Center, a long-planned religious conference center on the 18-acre site of the Mission Valley Resort.The facility proposed by evangelist Morris Cerullo would encompass five buildings, including a new 127-room hotel and restaurant. It would also have a replica of Jerusalem's wailing wall and a domed theater featuring biblical films.San Diego's LGBT Community Center is organizing opposition to the project, alleging a lack of transparency during the community planning process, conflicts of interest and potential violations of the state open meeting law, among other things. 3029
SAN DIEGO (KGTV and CNS) - Trial started Monday for the Yuma, Arizona police officer accused of raping a woman during a visit to San Diego.Jared Elkins, 34, is charged with eight felony counts of rape for the alleged incident in September 2017.The 23-year-old woman’s mother called 911 to report a crime at a home on Marlborough Street in Kensington. Elkins, who is related to the alleged victim by marriage, was staying at her home.Elkins, the alleged victim, and two other family members went to dinner then watched a movie while drinking beer and wine at the home before the alleged assault occurred, according to prior court testimony.RELATED: Arizona police officer charged with raping San Diego womanThe alleged victim testified during a preliminary hearing in April that Elkins physically forced her to participate in sex acts despite her pleas for him to stop. The two other family members were asleep in the house so small "you can hear someone breathing in the next room," the woman testified.During the alleged assault, the woman said she asked Elkins what would happen if she cried out for help. "He said, ‘I would kill you,"' the woman testified. After the incident, the woman said she found another family member in the house and they called police.At a hospital, the alleged victim's blood-alcohol level was determined to be .09 percent, according to witness testimony.Besides forcible rape, Elkins is charged with rape of an intoxicated person, forcible digital penetration, two counts each of forcible oral copulation and oral copulation of an intoxicated person, forcible sexual penetration and sexual penetration of an intoxicated person.Elkins -- a seven-year veteran of the Yuma Police Department who later resigned -- faces 14 years in prison if convicted, according to Deputy District Attorney Lisa Fox. 1834

SAN DIEGO (KGTV) - A 91-year-old woman died and a younger woman was injured in a crash in Clairemont Friday. The crash happened about 11:30 a.m. in the 6000 block of Balboa Avenue, near Mt. Alifan Drive, authorities said.The older woman was driving south on Mt. Alifan in a gray Toyota Camry. Police said the Camry and a car driven by a 32-year-old woman collided in the intersection of Balboa Ave.Wreckage was strewn across the Auto Zone parking lot at 6085 Balboa Ave.The 91-year-old woman, who has not been identified, died at the scene. The younger woman suffered minor scrapes and bruises, police said.The cause of the collision is unknown. Police said it was possible a car may have run a red light, leading to the crash.Balboa Avenue is closed in both directions from the 6000 block (Mt. Alifan Dr.) to 6600 block (Mt. Albertine Ave.) near Lindbergh/Schweitzer Elementary School. Police believe the road will reopen about 3 p.m. 973
SAN DIEGO (CNS) - Todd Gloria was sworn in as San Diego's 37th Mayor Thursday morning, alongside the 73rd San Diego City Council, making him the first LGBT and person of color mayor in the city's history.The former assemblyman for California's 78th State Assembly District, City Councilman and Interim Mayor in 2013, thanked the diverse San Diegan community for electing him to the position."A city where a Native American, Filipino, Puerto Rican gay guy just became your mayor," he said.RELATED: Gloria to take over as San Diego doubles pay for mayorFormer Mayor Kevin Faulconer offered his congratulations to his "friend and colleague" Gloria in a prerecorded message in which he touted his own successes over his six-year term.He pointed to declining homelessness rates, road repairs, signing the Climate Action Plan and reducing the city's emissions by 25% and evidence of the success of bipartisan government."When we set aside politics and lead with pride, there's nothing we can't do," Faulconer said.Gloria set a hopeful tone with his remarks after California's Senate President pro Tempore Toni Atkins, D-San Diego, swore him in."San Diego is a big city," he said. "It's time we act like it."Gloria said his staff was preparing an aggressive strategy to tackle to the ongoing COVID-19 pandemic, including the public health, economic and housing components."Our goal is not to go back to normal," Gloria said. "Normal was not and won't be good enough. This is the dawn of a new era. We are going to recover and built back better from COVID-19."Gloria said his priorities will include centering racial justice in all actions, affirming Black Lives Matter, increasing housing supply and continuing to combat climate change. 1737
SAN DIEGO (KGTV) - A former San Diego agent with Naval Criminal Investigative Service (NCIS) is blowing the whistle on what some people say is a potentially deadly firearm loophole involving active-duty members of the military. For more than a year, Team 10 investigative reporter Jennifer Kastner has pressed local military officials for answers about its mentally ill patients.The expressed concern is that this alleged loophole could contribute to suicides or even mass shootings. Naval Medical Center San Diego (Balboa Hospital) is San Diego's biggest military medical facility. Balboa Hospital spokespersons tell 10News that the hospital is following federal law. However, state law is different and some people believe that the difference could have fatal consequences."I hope people see this. I hope people are upset. I hope people are worried," says Joel Mullen, the newly retired NCIS agent. Mullen is finally going on-camera with 10News, now that he's no longer working for federal law enforcement. 10News first met Mullen last year, when he wanted to open up about what he calls a major loophole in the military mental health system that some people believe could put weapons in the hands of suicidal or homicidal people."What would have happened to you [if you] had you come to talk to us while you were still working for NCIS?" 10News asks Mullen. "The F.B.I. got a hint that I was talking to you and [my] supervisor basically threatened to kick me off the [Joint Terrorism Task Force]," he replies.Loopholes and lapses in background checks have played a role in America's mass shootings.Take the case of 2017 Sutherland Springs church massacre where 26 people died. The former airman's history of domestic violence had banned him from legally buying a gun, but he did so anyway because the Air Force reportedly failed to have his criminal history submitted to the federal database for background checks.Mullen says that people need to be looking at a different loophole that involves mental health, which will be explained in this story. To date, it has not contributed to any shootings that 10News is aware of. Mullen believes it's only a matter of time."I hope to God it gets fixed before somebody dies," he says.If you're a civilian in California and you've been admitted to a hospital on an involuntary mental health hold (commonly known as a "5150"), California law generally bans you from owning firearms for five years, although you can later petition state court to restore your access. According to California law, the hospital has to report your information to the California Department of Justice using a portal called the Mental Health Reporting System. The California Department of Justice is then required to give your information to the F.B.I.'s National Instant Criminal Background Check System, known as NICS. That's the federal database that gun sellers can access to verify whether potential buyers are eligible to purchase guns.If you're banned from owning a gun, NICS will warn the seller. If you're an active duty service member admitted to Balboa Hospital on an involuntary mental health hold, the hospital notifies your commanding officer and a treatment plan is made. If there's fear that you may harm others, law enforcement may contact you. However, Balboa Hospital does not send your information to the California Department of Justice. Subsequently, the California Department of Justice does not submit your information to NICS. It means that once you're discharged from Balboa Hospital, there's no record of you in NICS. So, a gun seller who is accessing NICS has no way of knowing about your mental health history if you go to buy a gun. "Every day that this loophole exists, we run the risk of someone getting killed or a mass shooting happening," says Mullen.He explains that it's no single agency's fault. The problem is that state law and federal law don't sync up.Balboa Hospital referred 10News to the U.S. Department of Defense (DoD) which sets the policy for all U.S. military medical facilities. The DoD responded to 10News with a statement reading in part, "With regard to NICS, the DoD is following federal law as it pertains to mental illness." The federal law requires due process to restrict access to firearms, but the DoD says that an involuntary inpatient admission to a military facility "is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.""You have to have due process. That is what the federal side is lacking," Mullen adds."There are [Balboa hospital] mental health providers who have come and said, 'I want to put this person on a weapons prohibition. How do I do it?' [but] there was no way for them to do it," he tells 10News.10News was given a copy of an email from a senior Balboa Hospital official, which reveals that even three years ago, the matter was investigated. The 2016 email reads in part, "The Navy (Bureau of Medicine and Surgery) is exploring whether a military treatment facility or a military mental health provider can report directly to NICS, the F.B.I.'s National Instant Criminal Background Check System. To date, approval for such direct reporting has not been given by higher authority."In part of a statement to 10News, the Navy Bureau of Medicine says the health of its members is a top priority, and those on involuntary holds are only discharged when they're no longer deemed dangerous. Part of a statement to 10News reads, "Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return-to-duty including possible limitations to duty and signs of possible new or recurring distress..."The DoD did not answer 10News' question about any plans to make policy changes."The military trains people very well but if there's some sort of mental illness where they might be prone to more violence, they have more training than the average person and that makes them more dangerous than the average person," says Mullen.He tells 10News that systemic change can only happen if the DoD updates its federal policy, but it will first require a member of Congress to bring the issue to the nation's capitol.If you need mental health resources for current or former service members or their families, San Diego County has free resources. Visit Courage to Call for information: https://www.courage2call.org/The full statements provided to 10News by the Navy Bureau of Medicine and the DoD are below.DoD statement:Department of Defense Instruction 6490.04 "Mental Health Evaluations of Members of the Military Services" allows the Secretaries of the Military Departments to develop internal policy on active duty service member involuntary psychiatric hospitalization procedures. The instruction allows a Commander initiated referral for a service member to have a mental health evaluation. This instruction states "An involuntary inpatient admission to an M.T.F. is appropriate only when a psychiatrist, or, when a psychiatrist is not available, a physician or another M.H.P. with admitting privileges, makes an evaluation that the Service member has, or likely has, a severe mental disorder or poses imminent or potential danger to self or others".With regard to NICS, the DoD is following federal law as it pertains to mental illness. An involuntary inpatient admission to a military facility does not meet the requirements of 18 U.S.C. 922(g)(4) because the admission is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.18 U.S.C. 922(g)(4) states, "Any person who has been "adjudicated as a mental defective" or "committed to any mental institution" is prohibited under Federal Law from shipping, transporting, receiving, or possessing any firearm or ammunition". According to federal regulations, a person has been "adjudicated as a mental defective" if a court, board, commission, or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease meets one of the following criteria:? Is a danger to himself, herself, or others.? Lacks the mental capacity to contract or manage his or her own affairs.? The term "adjudicated as a mental defective" is defined to explicitly include a finding of not guilty by reason of insanity or incompetence to stand trial.Federal regulations define a person as "committed to a mental institution" if a court, board, commission, or other lawful authority has formally committed him or her to a mental institution. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation.Navy Bureau of Medicine statement:"Overall, the health and well-being of sailors, Marines, reservists, their families, and retirees is our top priority. Well-targeted mental health treatment and prevention programs are essential elements in resilience and recovery, and form the cornerstone of Navy Medicine's approach to care. In involuntary military hold situations, discharge plans are made only when evaluations determine that the member is no longer deemed a danger to self or others. The treatment team works closely with the command during hospitalization and provides guidance and a plan for after leaving inpatient treatment. Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return to duty including possible limitations to duty and signs of possible new or recurring distress such as lack of social support, changes in life circumstances, legal problems, financial problems, and problems in relationships. The command and the member's mental health provider continue discussions to follow and evaluate the plan to monitor and help the sailor." 9956
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